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NCJ Number: 148842 Find in a Library
Title: Children and the Supreme Court
Journal: Journal of Juvenile Law  Volume:14  Dated:(1993)  Pages:1-25
Author(s): T A Croxton
Date Published: 1993
Page Count: 25
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: Decisions of the U.S. Supreme Court addressing children's rights are discussed.
Abstract: This article reviews juvenile justice decisions decided by the U.S. Supreme Court (the Court) before and after its decision in In Re Gault, 387 U.S. 1 (1966). The author concludes that the cases decided prior to Gault focused primarily on the rights and authority of parents, not on the rights of children. Post-Gault cases also evidence a lack of attention to the voices of children, accompanied by a begrudging and fitful acceptance of the notion that some constitutional principles apply to children as well as adults. Where the constitutional rights of minors have been recognized, the author concludes that a study of the opinions suggests that the Court is much less solicitous of youth than advocates for children often assert. Rhetoric by the Court is often made to ring hollow by subsequent decisions. One could assert that the Court's view of children reflects a kind of parental ambivalence, at once giving and nudging the young toward adulthood, only to be followed by action which reinforces dependency and treats young persons as infants. Where adolescent behavior causes even minimal disruption, the Court has been quick to find on behalf of the parents or the state. Included in the article's discussion of pre- and post-Gault cases are cases examining education, law and children's rights, youth rights and other intrusive forms of school discipline, minors and procreational rights, and issues of power and control. Footnotes
Main Term(s): Juveniles
Index Term(s): Courts; US Supreme Court decisions
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